APPLICANT REQUESTS: Via his congressional representative, reconsideration of his May 1996 request for award of the Purple Heart.
APPLICANT STATES: He sustained a shrapnel wound to his right knee as a result of hostile actions during World War II. He submits a 1994 x-ray and statement from a VA physician not previously seen by the Board supporting his entitlement to the Purple Heart.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Boards original consideration of his case on 5 March 1997 (COPY ATTACHED).
The statement from the VA physician, dated 1997, notes the applicant has been under his care for a service connected disability and notes that his war time problems include multiple attacks of malaria and shrapnel injury of the right knee.
The x-ray provided by the applicant dates from 1994. According to information provided by the Boards medical advisor the symmetrical marking on the x-ray are associated with staples used during a surgical procedure and are not remnants of shrapnel. The medical advisor noted there is no evidence in the x-ray confirming the applicant ever sustained a shrapnel injury to the area.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The x-ray and 1997 statement by the VA physician offer no convincing evidence to support award of the Purple Heart.
2. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.
3. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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